專業經驗
陳浩淇資深大律師的業務涉及廣泛的民事訴訟和法律諮詢委託，尤其是公法和商業糾紛領域的事項。在2023年5月20獲委任為資深大律師之前，他曾被《錢伯斯法律指南》（Chambers and Partners）和《法律500強》（Legal 500）評為其專業領域內的領先大律師，並被評價為“可能是香港最好的大律師之一”和“日益精進，前程無量”。
在公法領域，陳大律師在憲法及行政法律訴訟、公民自由案件、城市規劃、司法覆核和選舉呈請等方面擁有豐富的經驗。他代表香港特區政府成功捍衛了小型屋宇政策和“一地兩檢”安排的合憲性，並向立法會主席提供法律意見，以解決阻撓內務委員會主席選舉的 “拉布”行為。他還向立法會主席在一系列宣誓案件和阻撓議事案件中提供法律意見並代表出庭。此外，陳大律師的代表案例還包括捍衛香港大律師公會的規則及決定的合憲性。
陳浩淇大律師在商業糾紛領域處理的案件包括土地及物業糾紛（強制出售、逆權侵佔和侵佔）、股東糾紛、資不抵債事項和一般合同糾紛等。此外，他也代理私人客戶處理法庭相關事宜，包括代理家庭成員和委員會在《精神健康條例》相關訴訟（如資產追回和法定遺囑）中出庭，以及向超高淨值個人提供有關業務及財產繼承的法律意見。值得注意的是，他曾參與涉及精神行為能力根據《精神健康條例》的適用原則的領先案件。陳大律師的執業領域還包括衝突法、洩密（商業秘密）、監管和紀律事項、建築物上訴、婚姻財務和藐視法庭等。他還在建築和仲裁方面擁有豐富經驗。
案件選例
公法 / 司法覆核
Constitutional challenge / judicial review
Wilson Chu v Preliminary Investigation Committee [2025] HKCFI 3535
The legal test applied by Preliminary Investigation Committee in screening complaints against medical practitioners; conflict of evidence not automatically justify referral to Medical Council.Tam Yuk Fun Toffee v Secretary for Civil Service [2024] 3 HKLRD 528
Whether dismissal without benefits of a teacher for posting foul and insulting messages on social media constituted a disproportionate interference with her freedom of expression.Dr Chung Ho Yin Andrews v Medical Council of Hong Kong [2024] 2 HKLRD 270
Whether a doctor’s comments in print were unjustifiable for lack of sufficient factual basis and undermined public trust in competence or integrity of other doctors; freedom of expression.Lam Sze Chun v Commissioner of Police [2023] HKCFI 34
Whether the “express of dissatisfaction” mechanism adopted by the IPCC is ultra vires of the Independent Police Complaints Council Ordinance.Siu Yat Fung Anthony t/a Anthony Siu & Co v The Council of the Law Society of Hong Kong and the Council of the Hong Kong Bar Association [2022] 3 HKLRD 443
Amenability of decisions of the Joint Tribunal of the Bar Council and the Council of the Law Society resolving fee dispute to judicial review.Chui Marjorie Che Ying v Appeal Tribunal (Buildings) [2022] 4 HKLRD 5
The ambit of the Building Authority’s power to serve a repair order under section 28(3) of the Buildings Ordinance (Cap.123).Kwok Cheuk Kin v Director of Lands (2021) 24 HKCFAR 349; [2021] 1 HKLRD 737 (CA); [2020] 1 HKLRD 988 (CFI)
Constitutional challenge against the Small House Policy: whether the discriminatory policy and practices are protected by article 40 of the Basic Law.Kwok Cheuk Kin v Director of Lands (2021) 24 HKCFAR 220
Waiver of the usual conditions for provision of security for costs for CFA appeals.Zimmerman v Secretary of Southern District Council [2021] 5 HKLRD 52
Whether it is within the District Council’s advisory function to discuss the Government’s territory-wide policy or practice.Kwok Cheuk Kin v Secretary for Justice (No.2) (Costs) [2021] 3 HKLRD 591 (CA)
Public interest litigation exception on appeal and at first instance.Kwok Cheuk Kin v Director of Lands (No.2) [2021] 3 HKLRD 411 (CA)
Public interest litigation exception applicable against successful non-government entity and interested party.Sixtus Leung v. Secretary for Justice [2021] 3 HKLRD 140 (CA); [2019] 1 HKLRD 292; [2019] 1 HKC 104
Constitutional challenge against the colocation arrangement under Guangzhou-Shenzhen-Hong Kong Express Rail Link (Co-location) Ordinance (Cap 632).Hui Chi Fung v Secretary for Justice [2021] 2 HKLRD 956; [2021] 4 HKC 538
Whether leave should be granted to a fugitive from justice to bring judicial review.Hong Kong Journalists Association v Commissioner of Police [2021] 1 HKLRD 427
Whether the police failed to facilitate and not to hinder lawful journalistic activities in the course of public order events; whether appropriate to use assumed facts approach.Chan Ki Kau v Hong Kong Police Force [2020] 5 HKLRD 653; [2021] 1 HKC 416; [2022] 5 HKLRD 20
Constitutional challenge against the police identification system and the independence of the Independent Police Complaints Council.Leung Sze Ho Albert v. Bar Council [2016] 5 HKLRD 542 (CA)
Constitutional challenge to the Bar’s supplementary occupation rule as contrary to the freedom of choice of occupation guaranteed by article 33 of the Basic Law.Leung Kwok Hung v. President of the Legislative Council (No.2) (2014) 17 HKCFAR 841
The definitive judgment on costs in contested applications for leave to apply for judicial review at CFI, CA and CFA levels.Legislative Privilege
Advised the LegCo President on whether, and if so, what measures may be taken to resolve the impasse to legislative business caused by the filibustering of the election of the House Committee Chairman.Kwok Cheuk Kin v President of LegCo [2021] 3 HKC 402 (CA); [2019] HKCFI 1482
Constitutional challenge against LegCo’s resolution to lower the quorum of a meeting of the Committee of the Whole Council.Chief Executive & Secretary for Justice v. President of the Legislative Council [2016] 6 HKC 417
Whether the oath of office taken by 2 elected persons contravened article 104 of the Basic Law and whether the President has the power to allow them to retake oath.Chief Executive & Secretary for Justice v. President of the Legislative Council [2016] 6 HKC 144
Interim injunction to restrain 2 elected persons from retaking the oath of office.Leung Kwok Hung v. President of the Legislative Council (2014) 17 HKCFAR 689; [2013] 2 HKC 580 (CA)
Judicial review arising from the President’s decision to close the debate deliberately prolonged by filibustering; the issue raised was the court’s power to intervene in the President’s decision made in the legislative process.Cheng Kar-Shun & Anor v. Hon. Li Fung Ying & Ors [2011] 2 HKLRD 555; [2009] 4 HKC 204; [2009] 14 HKPLR 626
Judicial review concerning decisions made by the Select Committee on the Leung Chin Man affair; whether the court has jurisdiction to inquire into the internal working of the Legislative Council.Tsang Kwong Kuen v. Chairman of the Finance Committee HCAL 44/2015, 31.5.2017
Whether the court should intervene and adjudicate on the decision of the Chairman of the Finance Committee not to ask a member to withdraw from the voting of funding concerning the development in Kwu Tung North and Fanling North area.Wong Yuk Man v. Ng Leung Sing HCMP 3217/2015, 22.1.2016 (CA); [2015] 5 HKLRD 606 (CFI)
Whether the court should intervene and adjudicate on the decisions of the Chairman of the Finance Committee to stop dealing with further motions from members of the committee and put the funding proposal to a vote. 財產及物業轉移 Yim Tin Fook v Yu Chor Lai [2025] HKCA 675 (CA)
Significant guidance from Court of Appeal on the Milmo rule, Bruton leases, statutory extension of government leases, and the registration of leases.Secretary for Justice v. Chau Ka Chik Tso (2011) 14 HKCFAR 889; [2011] 2 HKLRD 387 (CA)
Leading authority on the law of encroachment and adverse possession.Building Authority v. Appeal Tribunal (Buildings) (2018) 21 HKCFAR 194; [2017] 4 HKLRD 510 (CA); [2016] 6 HKC 515 (CFI)
Whether, under a widely used special condition in a Government lease, the grantee’s maintenance obligation extends to man-made slopes supporting the road located on Government land.Win Glories Ltd v. Majorluck Ltd [2019] 5 HKLRD 471 (CA)
Whether commercial tenant’s liability to pay joint charges include obligation to pay management charges.Winland Mortgage Ltd & Ors v Star Rainbow Investments Ltd [2020] HKCFI 3163
Whether vendor’s charge, liquidators and receivers have locus to enforce the purchaser’s covenant to pay; whether vendor should be joined after the expiry of the limitation period; whether there was collateral agreement, unjust enrichment, estoppel.Cheer Sky Ltd v. Chan Yuet Sheung [2019] HKCFI 606
Specific performance of a provisional sale and purchase agreement.Foremost Hill Ltd v. Bank of China (Hong Kong) Ltd HCA 2555/2013, 5.4.2017
Adverse possession by a tenant in common of a multi-storey building over part of a unit exclusively possessed by another tenant in common under DMC.New Mercury Holding Corporation v. Secretary for Justice CACV 73 & 74/2014, 15.4.2014 (CA); [2013] 2 HKLRD 853 (CFI)
Construction of a widely used condition in a Government lease that imposes minimum curtilage area.Compulsory sale
Group Leader Ltd v. Hui Sun Fat [2016] 2 HKLRD 625 (CA)
Whether covenant prohibiting disposal of shares in land without Government approval gave rise to proprietary interest and whether the Director of Lands has locus to intervene in an application for order for sale.Holly Property Co Ltd v Acewell Investments Ltd [2022] HKLdT 16Onbrave Ltd v Malkani [2021] HKLdT 80Wood One Keeprich Ltd v. Sky Magic Ltd [2018] HKLdT 29Smart Value Investments Ltd v. Protime Investment Ltd LDCS 42000/2012, 7.6.2013Building management
Advising and appearing in cases before the Appeal Tribunal (Buildings).PLANNING
Hostford Development Ltd v Town Planning Board [2024] 5 HKLRD 520
Whether TPB’s decision to partially agree to a section 12A rezoning application is ultra vires.Joint Smart Ltd v Director of Environmental Protection [2022] 1 HKLRD 1110
Whether the EIA Report on proposed public housing development complied with the requirements of study brief and technical memorandum.Join Smart Ltd v Town Planning Board [2021] 4 HKLRD 645
Whether, in determining a private developer’s application to amend an OZP pursuant to section 12A of the Town Planning Ordinance, the Government’s alternative proposal for development of that area is a relevant consideration.Hong Kong Sheng Kung Hui Foundation v. Town Planning Board [2020] 2 HKLRD 895
Whether an interim stay of proceedings should be granted to prevent TPB from considering further representations under section 6F of the Town Planning Ordinance pending the judicial review.Trustees of Church of England v. Town Planning Board [2020] HKCFI 501
Judicial review against zoning decision regarding the Kennedy Town and Mount Davis Planning Scheme Area. 建築物 / 建造 Aggressive Construction Company Ltd v Director of Buildings [2025] HKCFI 2658
Interim stay pending application for stay pending an appeal against a decision to refuse renewal of registration of general building contractor; public interest considerations.Chun Wo Building Construction Ltd v. Metta Resources Ltd HCCT 29/2013, 19.8.2016
One of the largest construction litigations in Hong Kong in recent years arising out of the construction of Tsz Shan Monastery.Chevalier (Aluminum Engineering) Hong Kong Ltd v Sun Properties Co Ltd [2020] HKCFI 1313
A 4-day High Court trial concerning a windows and aluminum cladding sub-contractor’s claim for direct payment against the employer.Wui Fai Engineering Co Ltd v. Sanfield Building Contractors Ltd HCCT 15/2017
A 15-day High Court trial in respect of a formwork contract concerning a mix-used development over an MTR station.Hong Kong (SAR) Hotel Ltd v. Wing Key Construction Co Ltd HCCT 3/2010, HCCT 57/2009, 16.5.2016
A 20-day High Court trial of a construction dispute arising out of a hotel development project in Hong Kong. The main issue was whether the hotel developer was entitled to terminate the contract on the basis of the building contractor’s repeated failure to comply with architect instructions to rectify various safety irregularities.IO of Hamden Court v. Mega Miles Construction Company Ltd [2015] 5 HKC 179
Application to set aside an arbitrator’s ruling on jurisdiction. The issues raised include whether the application was out of time under article 16(3) of the Model Law and whether the arbitration clause covered disputes as to whether the contract existed.Arbitration
Arbitration between owner and main contractor arising out of refurbishment works for a commercial building in Hong Kong. Arbitration between owner and main contractor arising out of defective services provided by the latter in relation to alterations and additions works for an industrial building in Hong Kong (led by leading counsel).Arbitration of a construction dispute relating to the Hong Kong service center of a luxury vehicle marque.Arbitration between architect and owner arising out of the construction of a casino in Macau (led by leading counsel).Arbitration between owner and main contractor arising out of a design and built contract for a townhouse in Hong Kong.Arbitration between main contractor and incorporated owners in respect of renovation works for a building estate in Hong Kong.Arbitration between main contractor and an owner in respect of renovation works for a townhouse in Hong Kong. 禁制令 / 藐視法庭 Public law
Chief Executive & Secretary for Justice v. President of the Legislative Council [2016] 6 HKC 144
Interim injunction to restrain 2 elected persons from retaking the oath of office.Secretary for Justice v. Li Pang Kay [2016] 2 HKLRD 882
Sharp Daily and Apple Daily criminal contempt case – report of confession likely to prejudice or interfere with pending criminal proceedings.Secretary for Justice v. Ocean Technology Limited [2010] 1 HKC 456
Citizen’s Radio case, contempt of court.Secretary for Justice v. Ocean Technology Limited [2008] 2 HKLRD 82
Citizen’s Radio case, civil injunction in aid of criminal law.Private law
HKCOLO.NET Ltd v Hong Kong Telecommunications (HKT) Ltd [2023] HKCFI 138
Injunction to restrain service provider of storage space for HKT’s and its clients’ information and communication technology equipment (which supported critical round the clock services of vital public interest) from unilaterally terminating the service.China Travel Logistics & Trading Hong Kong Ltd v China Travel Hip Kee Godown Hong Kong Ltd [2022] HKCFI 2510; [2021] HKCFI 1427
Urgent interim-interim injunction in landlord tenant dispute.Ngai Chun Ngor Irene v Ling Fat Co Ltd [2022] 2 HKLRD 1235
Whether the Chanel principle is disapplied where the order provides for liberty to apply and against an applicant who participated in the earlier hearing in a different capacity.Chow Steel Industries Public Company Ltd v. Ko Sung [2020] HKCFI 483
Whether to continue interlocutory injunction in aid of Thai proceedings for breach of confidence and unlawful use of trade secrets claims.Step Perfect Ltd v. Gregory Goldstein (HCA 846/2017, 16.10.2017)
Injunction to restrain disclosure of confidential information; application to stay on forum non conveniens and lis alibi pendens.SK Hynix Inc v. Vannex International Ltd HCA 1473/2014, 10.2.2015
Injunction to restrain unlawful use of trade secrets concerning the manufacturing process of memory semiconductors; whether the confidential nature of information would be destroyed if obtainable through reverse engineering.Islamic Republic of Iran Shipping Lines v. Phiniqia International Shipping LLC HCMP 2034/2014, 24.9.2014 (CA); HCA 2368/2012, 21.7.2014
Discharge of Mareva Injunction in aid of enforcement of an English judgment.Chinaplus Wines Ltd v. Berry Bros & Rudd Ltd HCA 1818/2012, 13.12.2012
Injunction to restrain unlawful use of customer database. 商業糾紛 Golden Miles Group Holdings Ltd v Jacob & Co Ltd [2025] HKCFI 663
Whether common law right to terminate for repudiation ousted by contractual termination clause; application of the Boston Deep Sea principle.黃偉成 v 交通銀行股份有限公司 [2024] HKCFI 1902
Where a credit agreement was entered into for the sole purpose to finance a specific supply contract of goods or services, whether a term would be implied in law in the credit agreement that it was conditional upon the survival of that specific supply contract.Ma King Huen v Sincere Company Ltd [2024] 1 HKLRD 1292
Whether the articles of association impliedly part of service agreement governing a director’s entitlement to fees, wages and other emoluments.Moorthy Selvaraj v Karupayee Ammal [2024] HKCFI 403
Legal principles (a) establishing oral agreement based solely on witness recollection (b) an application for no case to answer in civil commercial cases.Cheng Ka Yan v Grand Xi Investments Pte Ltd [2023] HKCFI 886
Commercial dispute concerning the ownership of the Grand Homm development in Homantin.Delco Participation BV v Chiho Environmental Group Ltd [2021] HKCFI 1272
Whether a third-party respondent has “power” over documents belonging to a subsidiary: insufficient to show there are a series of steps open to the respondent which might have the result of giving it a right to obtain documents belonging to a subsidiary.Hu Hung Chiu v. Pacific Electric Wire & Cable Company Ltd [2018] 5 HKLRD 767
Whether the court has jurisdiction to and should stay proceedings brought by a party pending payment of adverse costs order made in earlier proceedings.Euro Search (Hong Kong) Ltd v. Snow Lake Capital (HK) Ltd [2018] HKCFI 402
Trial on contract to provide headhunting services; whether client unjustly enriched at the expense of the headhunter.Super Speed Ltd (in liquidation) v. Bank of Baroda [2015] 2 HKLRD 965 (CA); [2015] 4 HKC 200
Whether an increase of a company’s overdraft constitutes disposition of its property.SK Hynix Inc v. Vannex International Ltd HCA 1473/2014, 10.2.2015
Injunction to restrain unlawful use of trade secrets concerning the manufacturing process of memory semiconductors. The case raised the question whether the confidential nature of information would be destroyed if a competitor could obtain the information by reverse engineering.Hung Fung Enterprises Holdings Ltd v. Agricultural Bank of China [2012] 3 HKLRD 679 (CA)
Whether a Hong Kong court should enforce double interest awarded by PRC court.Islamic Republic of Iran Shipping Lines v. Phiniqia International Shipping LLC HCMP 2034/2014, 24.9.2014 (CA); HCA 2368/2012, 21.7.2014
Discharge of Mareva Injunction in aid of enforcement of an English judgment.Chinaplus Wines Ltd v. Berry Bros & Rudd Ltd HCA 1818/2012, 13.12.2012
Injunction to restrain unlawful use of customer database.Re Pacific Electric Wire & Cable Company Ltd HCA 2746, 2763/2004, 10.10.2008
Jurisdiction to order costs against non-party to summary judgment application. Re Kwok Hiu Chun Damien (a bankrupt) [2017] 4 HKLRD 421 (CA)
Whether section 16 of the Mandatory Provident Fund Schemes Ordinance (Cap.485) excludes a bankrupt employee’s long service payment from his estate.Re Chan Tin Leung [2012] 5 HKLRD 606
Whether a debtor subject to an extant IVA has locus standi to present bankruptcy petition against himself.Re Lai Ka Hing Fanco [2008] 5 HKLRD 552
Bankruptcy petition, whether petitioner unreasonably refused offer to settle debt.Fong Ching Lin v. Nan Fung Finance Ltd (No.2) [2008] 4 HKLRD 332 (CA)
Whether a bankruptcy petition is a claim for liquidated sums for the purpose of section 22(1)(a) of the Hong Kong Court of Final Appeal Ordinance. Hu Hung Chiu v Pacific Electric Wire & Cable Company Ltd [2021] 2 HKLRD 477
Whether an applicant has sufficient interest to apply for a declaration that a company’s dissolution be declared void.Moorthy Selvaraj v GMT Industrial Limited [2019] 4 HKLRD 572
Inspection of company documents by shareholders under section 740 of the Companies Ordinance. Whether inspection to enable valuation of presently owned shares constitutes a proper purpose.Re Poly Property Group Co Ltd [2016] 4 HKC 169
Whether to grant extension of time to file return of allotment and to extinguish criminal liability for late delivery. Meaning of “accidental”, “inadvertence” and “just and equitable”.Re China Unicom (Hong Kong) Ltd [2016] 2 HKC 343
The first reported judgment concerning an application under the new section 316(4) of the Companies Ordinance for an order extending time for the delivery of return of allotment and to extinguish criminal liability for late delivery. Re NLS (Mental Condition) [2021] 3 HKLRD 814; [2021] 6 HKC 127
Leading case on the test of whether a person is incapable of managing and administering his property and affairs by reason of his mental incapacity.Advising and appearing for the Official Solicitor, committee and family members in numerous mental health proceedings. Re Simpson QC (2021) 24 HKCFAR 187; [2021] 1 HKLRD 715 (CA); [2019] 5 HKLRD 441 (CFI)
Whether, for the purpose of ad hoc admission of overseas silk, a solicitor advocate is acceptable alternative to junior counsel.Building Authority v. Appeal Tribunal (Buildings) [2018] 1 HKLRD 186 (CA)
Adducing new evidence to demonstrate the proposed appeal raises questions of great general or public importance not caught by the Ladd v. Marshall test.Wong Chi Ching v. BOCOM International Holdings Co Ltd [2016] 2 HKC 584 (CA)
Whether, upon transfer of a case from the Labour Tribunal, the High Court has jurisdiction to deal with claims outside the jurisdiction of the Labour Tribunal.Bank of China (Hong Kong) Ltd v. Certain Aim Ltd [2011] 1 HKC 135
On the law concerning an application to adduce new evidence on appeal from Master to single Judge. 
